Industrial Designs Law in Kenya
In Kenya, industrial design protection is governed by the Industrial Property Act, 2001, administered by the Kenya Industrial Property Institute (KIPI). This legislation defines and regulates the registration, protection, and enforcement of industrial designs within Kenya.
📝 Definition of Industrial Design
Under Section 84 of the Industrial Property Act, an industrial design is defined as:
"Any composition of lines or colours or any three-dimensional form, whether or not associated with lines or colours, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft."
This protection focuses solely on the aesthetic aspects of a product, such as its shape, configuration, pattern, or ornamentation. It does not extend to the functional or technical features of the product.
📄 Registration Process
Eligibility: The design must be new and not previously disclosed to the public anywhere in the world.
Application: Submit an application to KIPI, including:
Drawings, photographs, or other graphic representations of the design.
A statement justifying the applicant's right to the design if they are not the creator.
The prescribed application fee.
Examination: KIPI conducts a substantive examination to assess the novelty and registrability of the design.
Publication: If the design meets the requirements, KIPI publishes a notice in the Industrial Property Journal. Interested parties have 60 days to file an opposition.
Registration: If no opposition is filed, or if opposition is resolved in favor of the applicant, KIPI registers the design and issues a certificate of registration.
⏳ Duration and Renewal
Initial Protection: 5 years from the registration date
Renewal: The design can be renewed for two additional consecutive periods of 5 years each, totaling a maximum of 15 years.
🌍 International Protection
A design registered in Kenya is effective only within Kenya. However, the Kenyan application can establish a priority date for a separate application made in another country.
⚖️ Enforcement and Legal Remedies
The Industrial Property Act criminalizes infringement of registered industrial designs. The Industrial Property Tribunal handles cases of infringement, and remedies may include injunctions, damages, and other appropriate reliefs.
✅ Summary
Governing Legislation: Industrial Property Act, 2001.
Registration Authority: Kenya Industrial Property Institute (KIPI).
Eligibility Criteria: Design must be new and not previously disclosed to the public.
Duration: Initial protection of 5 years, renewable up to 15 years.
International Protection: Available through priority claims in other countries.
Enforcement: Handled by the Industrial Property Tribunal with available legal remedies.
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